A 10
[Subsidiary]
CAP. 179]
Matrimonial Causes Rules
[1987 Ed.
(4) Where a petition for divorce alleging any such fact as is mentioned in section 11A(1)(e) of the Ordinance contains a proposal by the petitioner (not being a proposal agreed between the petitioner and the respondent) to make financial provision for the respondent, the petition shall be accompanied by an affidavit by the petitioner giving brief particulars of his means and commitments.
(5) A wife's petition in which the court is alleged to have jurisdiction by virtue of section 3(b) of the Ordinance shall state the domicile of the husband immediately before the desertion or deportation and the date when and the circumstances in which the alleged desertion began or, as the case may be, the date of the deportation order.
(6) A wife's petition for divorce or nullity in which the court is alleged to have jurisdiction by virtue of section 4(b) of the Ordinance shall state-
(a) (in lieu of a statement as to the domicile of the parties) the addresses at which the petitioner has resided during the 3 years immediately preceding the presentation of the petition and the length of her residence at each address and that the husband is not domiciled in Hong Kong; and
(b) whether proceedings for divorce, nullity of marriage, judicial separation or other relief in respect of the marriage are, to the knowledge of the petitioner, pending in any other country and, if so, the nature of those proceedings so far as is known to the petitioner.
(7) A petition for a decree of nullity under section 20(2)(b), (c) or (d) of the Ordinance shall state whether the petitioner was at the time of the marriage ignorant of the facts alleged and whether marital intercourse with the consent of the petitioner has taken place since the discovery by the petitioner of the existence of grounds for a decree.
(8) A petition for a decree of presumption of death and dissolution of marriage shall state-
(a) the last place at which the parties to the marriage cohabited, the circumstances in which the parties ceased to cohabit, the date when and the place where the respondent was last seen or heard of, and the steps which have been taken to trace the respondent; and
(b) (in lieu of a statement as to the domicile, occupation and residence of the parties) the domicile, occupation and residence of the petitioner or, in the case of a petition in which the court has jurisdiction by virtue of the provisions of section 3(b)(i) of the Ordinance, the addresses at which the petitioner has resided during the 3 years immediately preceding the presentation of the petition and the length of her residence at each address.
Page 10
Page 11
A 10
[Subsidiary]
CAP. 179]
Matrimonial Causes Rules
[1987 Ed.
(4) Where a petition for divorce alleging any such fact as is mentioned in section 11A(1)(e) of the Ordinance contains a proposal by the petitioner (not being a proposal agreed between the petitioner and the respondent) to make financial provision for the respondent, the petition shall be accompanied by an affidavit by the petitioner giving brief particulars of his means and commitments.
(5) A wife's petition in which the court is alleged to have jurisdiction by virtue or section 3(b) of the Ordinance shall state the domicile of the husband immediately before the desertion or deportation and the date when and the circumstances in which the alleged desertion began or, as the case may be, the date of the deportation order.
(6) A wife's petition for divorce or nullity in which the court is alleged to have jurisdiction by virtue of section 4(b) of the Ordinance shall state-
(a) (in lieu of a statement as to the domicile of the parties) the addresses at which the petitioner has resided during the 3 years immediately preceding the presentation of the petition and the length of her residence at each address and that the husband is not domiciled in Hong Kong; and
(b) whether proceedings for divorce, nullity of marriage, judi- cial separation or other relief in respect of the marriage are, to the knowledge of the petitioner, pending in any other country and, if so, the nature of those proceedings so far as is known to the petitioner.
(7) A petition for a decree of nullity under section 20(2)(b), (c) or (d) of the Ordinance shall state whether the petitioner was at the time of the marriage ignorant of the facts alleged and whether marital intercourse with the consent of the petitioner has taken place since the discovery by the petitioner of the existence of grounds for a decree.
(8) A petition for a decree of presumption of death and dissolution of marriage shall state-
(a) the last place at which the parties to the marriage cohab- ited, the circumstances in which the parties ceased to cohabit, the date when and the place where the respondent was last seen or heard of, and the steps which have been taken to trace the respondent; and
(b) (in lieu of a statement as to the domicile, occupation and residence of the parties) the domicile, occupation and residence of the petitioner or, in the case of a petition in which the court has jurisdiction by virtue of the provisions of section 3(b)(i) of the Ordinance, the addresses at which the petitioner has resided during the 3 years immediately preceding the presentation of the petition and the length of her residence at each address.
Page 10Page 11
No comments yet.
Private notes are available after approval.